Federal Mortgage Laws/UST Flashcards


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1

SAFE [Act] stands for

Secure And Fair Enforcement [for Mortgage Licensing Act of 2008]

2

Summary of purpose of SAFE Act

Encourage responsible behavior in mortgage industry, provide consumer access to information about LOs and registrants and facilitate collection & distribution of consumer complaints

3

NMLS stands for

Nationwide Mortgage Licensing System

4

CSBS stands for

Conference of State Bank Supervisors

5

AARMR stands for

American Association of Residential Mortgage Regulators

6

Licensing pre-education requirements (# of hours per subject)

3 hours - federal law
3 hours - ethics
2 hours - non-traditional products
12 hours - electives

7

Licensing Continuing Education Requirements (# of hours per subject)

3 hours - federal law
2 hours - ethics
2 hours - non-traditional products
1 hour - electives

8

3 reasons someone would be ineligible for licensing

1. Convicted of felony within 7 years
2. Convicted of felony fraud, dishonesty or money laundering (ever)
3. Revoked license in any state

9

Licenses expire on this date

12/31

10

Renewal period for licensing

November 1st – December 31st

11

Within how many days must the NMLS be notified of change of employment

30

12

Where must a unique identifier be placed

1. Applications
2. Any documents sent to borrower
3. Advertisements
4. Business cards/Social Media

13

Maximum penalty a state can impose on an MLO

$25,000

14

How often can the commissioner investigate a licensee

As often as necessary

15

CFPB stands for

Consumer Financial Protection Bureau

16

RESPA stands for

Real Estate Settlement Procedures Act

17

RESPA is also known as regulation __

X

18

Summarize the purpose of RESPA

Mandates disclosures to educate borrowers, prohibits kickbacks & referral fees, protects consumer from excessive costs

19

Types of loans SCIB is applicable to

Purchase transactions on borrower’s primary residence

20

SCIB stands for

Special Cost Information Booklet

21

ABA stands for

Affiliated Business Arrangement

22

GFE stands for

Good Faith Estimate

23

Loan Estimate replaced ___ for most transactions

GFE

24

Closing Disclosure replaced ___ for most transactions

HUD-1

25

RESPA applies to

1st and 2nd mortgage transactions on:
• 1-4 unit residential property
• condominiums
• manufactured homes

26

ABC loans refer to

Agricultural, Business, Commercial

27

Servicer may bill additional escrow $ to maintain a max of _____ in escrow $

1/6th of annual amount/2 months

28

Any escrow $ greater than ______ must be refunded to borrower within __ days

2 months + $50, 30

29

TILA stands for

Truth In Lending Act

30

TILA is also known as regulation __

Z

31

Summarize the purpose of TILA

Cost of credit must be disclosed
Advertising must be truthful and accurate
Rescission must be offered for certain transactions

32

Notice of right to rescind disclosure is applicable to this types of transaction

Non-purchase
Primary residence

33

# of days borrower is given the right to rescind for (+ definition of business day under this rule)

3 business days
Does not include day of signing
Everyday except Sunday & federal holidays

34

# of copies notice of right to rescind must be sent

2 copies to each ownership interest

35

Amount of time given to rescind if lender does not provide proper amount of copies of notice of right to rescind

3 years

36

APOR stands for

Average Prime Offered Rate

37

HPML stands for

Higher Priced Mortgage Loans

38

APR thresholds for HPML loans (1st, 2nd, Jumbo)

1st:1.5% above APOR
2nd: 3.5% above APOR
Jumbo: 2.5% above APOR

39

Lender requirements for HPML (3)

1. Verify ATR
2. Pre-payment penalty limited for first 2 years
3. Escrow required for 5 years (unless co-op or condo)

40

HOEPA stands for

Homeownership & Equity Protection Act

41

HOEPA loans are also known as (2)High Cost Loans

Section 32 or High Cost Loans

42

HOEPA APR thresholds

1st liens: 6.5% above APOR
2nd liens: 8.5% above APOR

43

HOEPA points/fees thresholds

5% or more of loan amount
Lesser of $1,077 or 8% of loan amount

44

Exemptions to HOEPA

1. Reverse mortgages
2. 2nd homes/investment properties
3. Construction loans

45

HOEPA points/fees thresholds

5% or more of loan amount
Lesser of $1,077 or 8% of loan amount

46

TRID stands for

TILA-RESPA Integrated Disclosure

47

Summary of the purpose of TRID

To inform consumers of risks associated with loan applying for Integrate Disclosures (LE and CD)

48

Length of time Loan Estimates must be retained

3 years

49

Length of time Closing Disclosures must be retained

5 years

50

LE timeline

3-7-3 rule
Initial LE sent within 3 days of application, must wait 7 days from initial LE to close, revised LE must be sent within 3 days of changes

51

Terms on LE must be available/valid for this length of time

10 days

52

LE cannot be provided after what

CD has been sent

53

Summarize the mailbox rule

Consumer is deemed to receive disclosures 3 business days after delivery

54

Discriminatory factors under ECOA

Marital status
Race
Bearing of children
Age
Religion
National origin
Sex

55

ECOA stands for

Equal Credit Opportunity Act

56

ECOA is also known as regulation __

B

57

Disclosure timing for notice of right to receive appraisal

Within 3 days of application

58

Disclosure timing for notice of action taken

Within 30 days of action taken

59

Disclosure timing for notice of adverse action

Within 30 days of application

60

Disclosure timing for notice of incomplete application

Within 30 days of application

61

Length of time lender must retain documents related to ECOA

25 months

62

Definition of elderly under ECOA

62 years or older

63

Exceptions to age discrimination under ECOA

Under 18 cannot enter into contract
62 years or older for reverse mortgages/HECM

64

Under ECOA, lenders may not refuse these types of income (4)

1. Alimony
2. Child support
3. Pension, annuity, retirement income
4. Public assistance

65

Length of time lender must retain documents related to ECOA

25 months

66

Definition of disparate treatment under ECOA

Not treating all applicants the same

67

3 ways a lender can label marital status

1. Married
2. Unmarried
3. Separated

68

HPA stands for

Homeowners Protection Act

69

Purpose of HPA

Facilitate cancellation of PMI

70

Disclosures associated with HPA (2)

1. Initial PMI notice
2. Annual PMI notice

71

HMDA stands for

Home Mortgage Disclosure Act

72

HMDA purpose

  • Helps government identify discriminatory lending practices
  • Ensures institutions are meeting needs of their community
73

HMDA is also known as regulation __

C

74

FCRA stands for

Fair Credit Reporting Act

75

FCRA purpose

To ensure accuracy, fairness & privacy of consumer information assembled by CRAs

76

FCRA is also known as regulation __

V

77

GLBA stands for

Gramm-Leach-Bliley Act

78

GLBA Purpose (summarize)

To ensure lenders protect non-public personal information

79

GLBA is also known as regulation __

P

80

Summarize difference between customer and consumer

Customer: continued relationship
Consumer: isolated transaction

81

3 parts of GLB

1. Safeguards rule
2. Pretexting provisions
3. Financial privacy

82

NPI stands for

Non-public personal information

83

Summarize what is considered NPI

Personally identifiable financial information including the fact that there is a customer/consumer relationship

84

DNC stands for

Do Not Call

85

How often must telemarketers update call list with DNC registry

Every 31 days

86

Times that telemarketing calls are prohibited

Before 8am and after 9pm (their time zone)

87

Length of time telemarketing records must be retained

24 months

88

Purpose of USA Patriot Act

• Deter/punish terrorist attacks
• Fight funding of terrorism & money laundering

89

CIP stands for

Consumer Identification Program

90

Suspicious Activity Reports (SAR) must be filed within __ days of detection

30

91

MAP stands for

Mortgage Acts & Practices

92

Purpose of MAP

To ensure advertising is fair and accurate

93

Length of time advertisements must be retained under MAP

24 months

94

Purpose of E-Sign Act

Allows borrower to sign documents electronically

95

Purpose of Fair Housing Act

Prohibits discrimination in renting, leasing, buying or selling residential property

96

Protected characteristics under Fair Housing Act

Marital status
Race
Bearing of children
Age
Religion
National origin
Sex
+Disability
(ECOA protections + Disability)